Police Department Policy

GGPDE_505_-_Traffic_Citation_Procedures_2837302

Garden Grove PD

Policy Text
Procedure 505Garden Grove Police Department Procedures Manual Copyright Lexipol, LLC 2022/09/27, All Rights Reserved. Published with permission by Garden Grove Police DepartmentTraffic Citation Procedures - 1Traffic Citation Procedures 505.1 PURPOSE AND SCOPE These procedures will establish guidelines of insuring that a motorist who is charged with a traffic violation is given a full explanation of the charges and responsibilities imposed on the motorist as a result of the issuance of a citation. They will also establish guidelines that will be used when processing citations involving governmental vehicles or employees who are photographed by the Automated Photo Enforcement System. These procedures will also be used to establish a system of accountability for traffic and parking citations. 505.2 ISSUANCE OF TRAFFIC CITATIONS The officer shall provide the motorist a full explanation of his rights and requirements upon arrest or issuance of a citation for a traffic violation. At the time an officer issues a citation to a traffic law violator, the violator will be advised of the needed information to comply fully with the requirements of the citation. The City of Garden Grove uses a uniform notice to appear which is approved by the Judicial Council of California and meets the requirements for such format as set forth in California Vehicle Code Sections 40522 and 16028(c). The form is used for infraction, criminal traffic and criminal non-traffic violations. All information relating to court appearance, payment of fines, and whether or not the motorist can pay fines by mail or at the office of the court clerk, are listed on either the front or back side of the citation. A copy shall be given to the motorist after obtaining his/her signature on the citation, and all applicable sections shall be completed outlining what charges are involved. A court appearance date shall be assigned by the officer in compliance with court directions, and the violator will be given a full explanation date for court. The officer shall advise the violator to read the important information and warnings that appear on the citation. The officer will direct the violator either to the office of the court clerk or the court itself to answer any further questions about handling the citation. The officer will refrain from giving any information relative to fine amounts or matters that would normally be handled by the court clerk or judge handling the citation. 505.3 PARKING CITATIONS The City of Garden Grove Parking Citation Form is to be used ONLY to cite vehicles for state and municipal parking violations. All other traffic violations, including registration and equipment violations, must be issued on Notice to Appear Citations and be signed by the violator. Garden Grove Police Department Procedures Manual Traffic Citation Procedures Copyright Lexipol, LLC 2022/09/27, All Rights Reserved. Published with permission by Garden Grove Police DepartmentTraffic Citation Procedures - 2Parking citations WILL NOT be processed by the West Orange County Court. The City of Garden Grove has contracted with a private firm to administer the parking citation process. Notification letters and the collection of fines is the responsibility of the firm. Most of the citations will be paid by mail; therefore it is important that all employees issuing parking citations print the bail amount on the citation. If a violator/registered owner wished to contest a parking citation: (a)He will be referred to the Hearing Examiner at 741-5382 (Public Services) for a hearing date. (b)The issuing officer will be contacted to call the Hearing Examiner prior to the hearing date to relay details of the reasons for issuing the citation. (c)If the violator is not satisfied with the decision of the Hearing Examiner, he may contact the small claims division of the West Orange County Court and file an appeal. (d)Small Claims Court will subpoena officers for these appearances, only if the violator agrees to pay the fees involved with appearance of the officer in Small Claims Court. 505.4 AUTOMATED PHOTO ENFORCEMENT SYSTEM CITATIONS The following guidelines will be used when processing citations involving governmental vehicles that are photographed by the Automated Photo Enforcement System: (a)EMERGENCY VEHICLES : Emergency vehicles will be handled in the following manner: 1.Vehicles that have their emergency lights activated (apparently driving code 3): No action will be taken as emergency vehicles being operated code 3 are exempt from 21453(a) VC. 2.Vehicles without their lights activated will be handled in the following manner: (a)Garden Grove Emergency Vehicles: Photographs and video will be downloaded to a CD. This package will be forwarded to the employee's Division Commander/Manager for review and disposition. (b)Outside Agency Emergency Vehicles: Photographs and video will be downloaded to a CD. This package will be forwarded to the Agency Head of the involved public agency. An official letter from the agency indicating the incident is under administrative review will be required to prevent further action. (b)UNMARKED GOVERNMENT VEHICLES : Vehicles without emergency equipment with exempt plates or where the registration information indicates the vehicle belongs to a federal, state, county or municipal governmental agency will be handled in the following manner: 1.Garden Grove Vehicles: Photographs and video will be downloaded to a CD. This package will be forwarded to the employee's Division Commander/Manager for review and disposition. Garden Grove Police Department Procedures Manual Traffic Citation Procedures Copyright Lexipol, LLC 2022/09/27, All Rights Reserved. Published with permission by Garden Grove Police DepartmentTraffic Citation Procedures - 32.Outside Agency Vehicles: Photographs and video will be downloaded to a CD. This package will be forwarded to the Agency Head of the Agency involved for

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